Hawthorne faces legal threat from former city manager

Former city manager Edward Smyth has retained an attorney regarding certain benefits that were owed to him based on the terms of his employment agreement with the City of Hawthorne.

In a letter dated March 31, Smyth’s attorney, Rod W. Smith, said Smyth’s termination violated the city charter, which entitled him to up to 15 days to request a public hearing, which he said the city did not follow.

Smith also accused the city of not fully paying Smyth his three months of severance pay, which included life insurance payments and three months contribution to his retirement plan.

Moreover, the letter accused the city of wrongfully seeking to recover $2,322.93 from Smyth for his wife’s health insurance benefits. The city manager’s health insurance plan includes full payment of his personal premium and one-half of the family premium, Smith cited, adding that “The City is not entitled to unilaterally change this agreement during the severance period.”

Hawthorne City Attorney Audrie Harris responded to the letter saying that Smith’s allegations were incorrect. In a response letter dated April 11, Harris said the city charter addresses suspension of the city manager and not termination and is worded as a discretionary course of action, which she illustrated by quoting the language of the charter.

“Accordingy, Mr. Smyth’s termination was controlled by his employment agreement with the city and his termination was lawful and warranted,” she added.

Harris also addressed the $2,322.93 the city was seeking to recover from Smyth, saying that according to the employment agreement, the city was responsible for covering one-half of the family premium only during his term of employment.

Based on the agreement, this does not include the severance period, she said.

Initially, the city believed the insurance carrier would handle billings for Smyth’s wife’s premiums, but once they were notified otherwise, they informed Smyth.

“As Mr. Smyth’s wife had insurance coverage for the severance period, the city is entitled to reimbursement for her premiums,” she said.

Harris also responded to Smith’s allegations regarding the city’s lack of full contribution to Smyth’s life insurance by saying that the city would deduct the amount to be paid toward retirement from the $2,322.93 that Smyth owed the city.

Harris closed the letter by saying, “Mr. Smyth’s threat of legal action for wrongful termination and refusal to reimburse the city the money it has paid for his wife’s insurance after receiving approximately $25,000.00 in severance from the city is not only meritless, but downright unconscionable.”

Currently, the city is waiting for Smyth to respond.

At a commission meeting Tuesday night, several of the commissioners expressed their gratitude for Harris’ thorough response as well as their surprise in receiving a legal threat from Smyth.

“I’m just appalled,” Commissioner Deloris Roberts said.

Once they receive a response from Smyth, Harris recommended that the city hold a shade meeting to discuss litigation strategy.

“This will be defended vigorously,” she said.

But for now, all they can do is wait.

“We need to sit tight and see what happens next,” Commissioner Harry Carter said.